2017 Oregon Revised Statutes
Volume : 03 - Landlord-Tenant, Domestic Relations, Probate
Chapter 125 - Protective Proceedings
Section 125.075 - Presentation of objections.

Universal Citation: OR Rev Stat § 125.075 (2017)

(1) Any person who is interested in the affairs or welfare of a respondent or protected person may present objections to a petition or to a motion in a protective proceeding, including but not limited to:

(a) Any person entitled to receive notice under ORS 125.060.

(b) Any stepparent or stepchild of the respondent or protected person.

(c) Any other person the court may allow.

(2) Objections to a petition may be either written or oral. Objections to a motion must be in writing, except that a protected person may object orally in person or by other means that are intended to convey the protected person’s objections to the court. Objections to a petition or to a motion must be made or filed with the court within 15 days after notice of the petition or motion is served or mailed in the manner prescribed by ORS 125.065. The court shall designate the manner in which oral objections may be made that ensures that a protected person will have the protected person’s objection presented to the court. The clerk of the court shall provide a means of reducing the oral objections to a signed writing for the purpose of filing the objection.

(3) If objections are presented by any of the persons listed in subsection (1) of this section, the court shall schedule a hearing on the objections. The petitioner or person making the motion shall give notice to all persons entitled to notice under ORS 125.060 (3) of the date, time and place of the scheduled hearing at least 15 days before the date set for hearing. Notice shall be given in the manner prescribed by ORS 125.065.

(4) Notwithstanding ORS 21.170, the court may not charge or collect any fee for the filing of objections under the provisions of this section or for the filing of any motion from any of the following:

(a) The respondent or the protected person;

(b) The office of the Long Term Care Ombudsman; or

(c) The system described in ORS 192.517 (1).

(5) The court for good cause shown may provide for a different method or time of giving notice under subsection (3) of this section. [1995 c.664 §11; 2011 c.595 §129; 2015 c.365 §1; 2017 c.391 §3]

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